1. You are a Contractor who is concerned that the Project Manager/Contract Administrator has been off sick a lot recently, and that the interim certificate may be issued late this month. Any late payment will have serious implications for your company’s cash flow.
a) i) With reference to the ‘Construction Act’ (Housing Grants, Construction and Regeneration Act 1996): Critically discuss what the Act states with regards to payments in the construction industry. (12 marks)
ii) With regards to payment, discuss how and where the Act is implemented in NEC3 ECC or JCT SBC/Q. In your answer include reference to the contractual payment procedure, include clause numbers as appropriate. (8 marks)
b) Summarise the timetable for the interim payment process, use a diagram to aid your explanation if appropriate. Your answer should include reference to due date, interim certificate, application, payless notice and final date for payment. (8 marks)
c) Acting as Contractor in the above scenario, discuss what the Law and the Conditions of Contract allow you to do to minimize any delay to payment. In your answer include reference to clauses if appropriate. (5 marks)
a) Bert wanted an extension to his house built. On May 1st he placed the following advertisement in a local newspaper: “Contractor wanted for extension work. Will pay £40,000. Ring 078 2161
Bert received calls from three contractors, Adam, Chas and Den, and he sent them all a specification for the work.
On May 5th, Adam told Bert that that he would to do the work for £50,000 but Bert said that was too much. Adam then said “OK, I’ll take £45,000.” Bert said “I’ll think about it”, but he told Adam the next day that he was rejecting his proposal.
On May 6th, Chas, who was Bert’s brother in law, told Bert, “I might be able to do the work for £40,000.” Later that day, Bert told Chas that “You can have the work” but Chas said that he was no longer interested.
On May 7th, Den said he would do the work for £42,000, starting on May 20th and finishing by June 30th. Bert said he would consider Den’s proposal. Bert later phoned Den, saying, “Can you finish by June 25th?” Den said that he could not guarantee this, whereupon Bert said, “OK, I agree to your terms.” Den told Bert that he did not want the work.
Discuss and explain your reasoning as to whether Bert has made a contract with:
(i) Adam (5 marks)
(ii) Chas (8 marks)
(iii) Den (10 marks)
b) Zak owned land on which he decided to build a block of flats. On April 1st, Zak invited tenders for the work. Callum submitted a tender agreeing to carry out the work shown on Zak’s tender documents for £5M. On April 30th, while Zak and Callum were still negotiating terms, Zak asked Callum to commence the work as shown on the documents. Callum carried out some of the work, but on July 1st it became clear that the parties would never be able to reach a final agreement.
i) Discuss whether Callum is entitled to be paid for the work he carried out and on what basis. (7 marks)
ii) How would your answer differ, and why, if Zak and Callum reached a final agreement on July 1st? (3 marks)
3. A contract to construct a basement extension in an inner city location has not gone well. Ground conditions were not as indicated from the ground information provided by the Client. As such the programme has suffered delays which have had a significant effect on cost. The Contractor has had several discussions with the Contract Administrator/Project Manager stating the problem, and identifying the fault to be with the Clients information. The CA/PM disagrees, stating that a competent Contractor would have interpreted the data differently and carried out his own supplementary ground investigation. It is likely that this will result in a formal dispute. Using the example given above:
a) Provide a detailed discussion of the Dispute Resolution Mechanism under JCT11 Standard Building Contract. In your answer include reference to clauses if appropriate. (17 marks)
b) Compare and contrast dispute resolution mechanisms under JCT11 SBC and NEC3 ECC. In your answer include reference to clauses if appropriate. (16 marks)
Why Choose Us
Top quality papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional academic writers
We have hired a team of professional writers experienced in academic and business writing. Most of them are native speakers and PhD holders able to take care of any assignment you need help with.
If you feel that we missed something, send the order for a free revision. You will have 10 days to send the order for revision after you receive the final paper. You can either do it on your own after signing in to your personal account or by contacting our support.
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & confidential
We use several checkers to make sure all papers are plagiarism-free and do not share them with third parties.
24/7 Customer Support
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
You are welcome to choose your academic level and the type of your paper. Our academic experts will gladly help you with essays, case studies, research papers and other assignments.
Admission help & business writing
You can be positive that we will be here 24/7 to help you get accepted to the Master’s program at the TOP-universities or help you get a well-paid position.
Editing your paper
Our academic writers and editors will help you submit a well-structured and organized paper just on time. We will ensure that your final paper is of the highest quality and absolutely free of mistakes.
Editing your paper